Business Law Case Study Assignment

Overview Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.

The final assessment   for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be submitted in Module Seven.

This assessment addresses the following course outcomes:

 Apply appropriate elements of the U.S. legal  system  and the U.S. Constitution to business scenarios   for impacting decisions in authentic situations  Apply concepts  of ethics, morality, and  civil and criminal law to business scenarios for informed corporate decision making  Analyze the basic elements of a contract and aquasi-contract for their application to commercial and real estate scenarios  Differentiate between the various types of business organizations for informing rights and responsibilities

Prompt:    Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlord tenant law. Case Study Three involves environmental law and business organizations.

Case Study One:  Chris, Matt, and Ian, who live in California, have decided to start a business selling an after-shave lotion called Funny Face over the internet. They contract with Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low

Cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After he uses it once, his face turns a permanent shade of blue. Donald Margolin and his company, Donald Margolin Empire Inc., files suit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation for the damage to his face and business reputation. It is discovered that PYR caused Margolin’s skin discoloration. The website for Funny Face states that anyone buying their product cannot take Chris, Matt, and Ian to court. Novelty Now’s contract with the three men states that all disputes must be brought in the state of Florida. Specifically, the following critical elements must be addressed:

A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively. Consider federal court, state court, and long arm principles in your analysis.

 B. Assume all parties agree to pursue alternative dispute resolution (ADR).  Analyze the advantages and disadvantages of two types of ADR appropriate for this case. Be sure to define the characteristics of each in your answer.

C. Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?

 D. Apply concepts of criminal law and discuss whether or not corporations and/or corporate officers may be held liable for criminal acts.

E. Identify, per the classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now.

F. Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense.  Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris. Matt, Ian, and Novelty Now. Include support for your conclusion.

G. Apply at least three guidelines of ethical decision-making to evaluate ethical issues within the case study.

SAMPLE SOLUTION

The decision as to the proper court to hear the case depends on several factors. The key factors to take into account include subject matter and personal jurisdiction as well as minimum contacts. To start with, subject matter jurisdiction factor is about a court’s authority to preside over a specific case, while personal jurisdiction focuses on whether a court has the power to make decisions concerning the defendant (Casenote Legal Briefs, 2010). Minimum contact procedure helps determine whether a nonresident…